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Senate on HB 1100: We’re Still Delaying Medical Marijuana, But Here, Toke Up While You Wait

Boy, my suggestion that we refer House Bill 1100 to a vote and derail with a simple petition Governor Kristi Noem’s plan to delay Initiated Measure 26’s medical marijuana program must have really rattled the Senate. They didn’t back off HB 1100—the bill still delays the people’s will by six months or more—but they did vote to legalize medical and recreational marijuana.

On Monday Senators approved amendments to that bill which would allow people 21 years old and older to possess no more than one ounce of marijuana. Additionally, the amendments would allow people 21 and older to ingest marijuana.

“It allows the will of the people to be said and heard, at least to some degree, should it pass successfully through our legislative body,” Republican Sen. Blake Curd of Sioux Falls said [Dan Santella, “South Dakota Senate Amends HB 1100 to Allow Marijuana Possession, Ingestion,” KELO-TV, 2021.03.08].

Remember, IM 26 was limited to medical marijuana. This remarkable compromise gives cannabis advocates a key part of what they lost when Governor Noem successfully crushed Amendment A in court: the ability to tote and toke the demon weed without hassle from the cops or a doctor’s note.

With 29 out of 35 Senators voting to make pot legal to buy time to implement the IM 26 medical marijuana program, the Senate is showing some political smarts. By making recreational marijuana legal right now while delaying the details of the medical marijuana program, the Senate is protecting itself and the Governor from a potential public backlash. Cannabis advocates are angry about both the judicial repeal of Amendment A and the IM 26 delay. Smart campaigners could capitalize on that anger and use it to fuel petition drives this year and candidate campaigns next year. But how could IM 26 backers get supporters to sign a petition to refer the delay of medical marijuana if that action would also suspend the legalization of recreational marijuana? By acceding now to the national and likely inevitable trend of pot legalization, the Senate defuses a populist bomb and gives political opponents one less 2022 election rallying point.

The legalization amendment sends HB 1100 back to the House, where the simple delay passed last month 40–28. The House is an owlier place, less inclined, I suspect to give in to letting South Dakotans get high on anything other than well-taxed and reputably lobbied alcohol. Expect some Senators to stroll across the Rotunda today to explain to their House colleagues the political wisdom of helping IM 26 and Amendment A supporters relax by passing this new version of HB 1100.

14 Comments

  1. Neal 2021-03-09 08:57

    This is an extremely surprising turn of events.

    And Noem can’t even veto it, because if she does so then IM26 will become effective in July.

  2. Ryan 2021-03-09 09:11

    I agree with Neal. Surprising, interesting, and compelling. Let’s see. I have a sneaking suspicion that some idiot will blow this up, though. There are so many of ’em up there, looking for stuff to blow up…

  3. Nix 2021-03-09 10:07

    North Dakota just legalized, Montana
    as well.
    The GOP dopes in Pierre are dopes , but they aren’t stupid. They know that if the
    State Supreme Court overturns Amendment A, It would go onto the ballot
    in 2022 and since more people voted for
    A than voted for the Dope Queen of Delusion, they would face the backlash
    in a year and a half.
    Of course, the lightbulbs must have come on in Pierre because now the dopes
    realize that it’s about the money now.
    It’s always been about the money,
    but it takes a boatload of it to buy the souls of the SDGOP.
    By the way , I’ll bet old Lock ‘em up
    Mike Milstead is having a cow.

  4. Donald Pay 2021-03-09 10:32

    Nix is right. All the pot lobby has to do is funnel $$$ to the Republican Party. All Noem’s supposed opposition is about getting paid off before she spreads her legs. It’s just a question of how much.

  5. Mike Livingston 2021-03-09 10:56

    Dopey Noemcompoop is the poster child for dingbats and malcontents.
    I can’t wait to hear the lewandowski spin on this issue.
    Wake up South Dakota, I for one am tired of watching our state being made the laughing stock of the nation by our governor. Throw the bums out.

  6. Ryan 2021-03-09 12:47

    Just noticed something – if approved, this is effective June 30 rather than the original date of July 1 for recreational cannabis. Finally, the peasants on the street get a victory! Everyone who wants to possess an ounce of pot already possesses said pot, but in 2021 that may become legal one day sooner than previously expected. Woot woot.

  7. Cory Allen Heidelberger Post author | 2021-03-09 18:49

    SO, if this compromise works for everyone, can we get marijuana advocates to redirect all the resources they would have expended referring HB 1100 or staging another initiative or continuing to appeal Amendment A in court into a hard campaign to unseat Noem and other anti-initiative legislators in 2022?

  8. Sion G. Hanson 2021-03-09 18:55

    Yes, Cory. Exactly. I’d like to see some fresh young faces and new voices in Pierre.

  9. SD is 20 per cent nonwhite 2021-03-09 20:10

    People vote in ethics and 2 marijuana laws. Repubs destroy ethics law and delay medical marijuana. Stupid. Vote them all out.

  10. John Christopher Dale 2021-03-09 21:16

    “SO, if this compromise works for everyone, can we get marijuana advocates to redirect all the resources they would have expended referring HB 1100 or staging another initiative or continuing to appeal Amendment A in court into a hard campaign to unseat Noem and other anti-initiative legislators in 2022?”

    I will throw my full support behind Governor Noem, who has managed our state brilliantly through the plandemic (it was supposed to prop-up INTEL Guv from FL alone I suspect, but SD drafted and took the lead under governor Noem’s leadership and the advice of a nimble, independent, and rather good looking and most intelligent advisory staff). She followed up on the “on meth” awareness campaign which was wildly successful (we should have been embarrassed about the extent of meth use in the state) with a bust of a network of what, something like 37 meth traffickers in the state? At the same time, recognizing an inexpensive path forward to trial cannabis. I think Deadwood is about to do really well with a very innovative model to serve the public’s demand for safe cannabis. ;)

    I’m pushing next for a nice slow lane bus service running back and forth to Deadwood serving cannabis and local beer. It’s scheduled for completion right about the time that a massive civil engineering project will wrap up to remove all the cigarette butts from outdoor fire places and ash trays in Downtown Deadwood.

    Sincerely,

    John Dale, Dear Leader
    Cannabis Consumers for Liberty – the forgotten soldiers of South Dakota cannabis legalization. :p
    Spearfish, SD
    Host, Spearfish City Limits
    https://PlainsTribune.com

  11. Confused 2021-03-09 21:29

    But where are they going to get it? Selling pot will still be a crime. Are they planning on seeing all that $$ people were promised for the schools (because it’s always about the kids) go to Colorado and North Dakota?

  12. Cody 2021-03-10 02:23

    “I will throw my full support behind Governor Noem, who has managed our state brilliantly through the plandemic (it was supposed to prop-up INTEL Guv from FL alone I suspect, but SD drafted and took the lead under governor Noem’s leadership and the advice of a nimble, independent, and rather good looking and most intelligent advisory staff). She followed up on the “on meth” awareness campaign which was wildly successful (we should have been embarrassed about the extent of meth use in the state) with a bust of a network of what, something like 37 meth traffickers in the state? At the same time, recognizing an inexpensive path forward to trial cannabis. I think Deadwood is about to do really well with a very innovative model to serve the public’s demand for safe cannabis. ;)

    I’m pushing next for a nice slow lane bus service running back and forth to Deadwood serving cannabis and local beer. It’s scheduled for completion right about the time that a massive civil engineering project will wrap up to remove all the cigarette butts from outdoor fire places and ash trays in Downtown Deadwood.

    If you ask me, it seems as though your fingers hit the keyboard and nothing but stupid fell out. No offense though..

  13. Mark Anderson 2021-03-10 17:11

    What have you been smoking John, brilliant and Noem cannot be in the same sentence.

  14. mike from iowa 2021-03-10 20:11

    5g ate Johhny’s brain. If he corners you, shake a 5g at him. He will run right down a rabbit hole .Or up a rabbit hole if he is stoned.

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